States List

Regrettably we are unable to handle malpractice cases in these states:

California

Colorado

Delaware

Idaho

Illinois

Indiana

Kansas

Louisiana

Nevada

Wisconsin

What types of Medical Malpractice cases do you handle?

Following a Medical Malpractice case our goal is to have a satisfied client. Malpractice cases that go through trial are hard fought battles with much hanging in the balance both emotionally and financially.

For this reason we have to be selective regarding the types of cases we can represent; for example, cases with smaller damages such as dental cases. We have found because the damages are smaller then typical malpractice but yet the expense to litigate is similar to bigger cases, the injured client will not be happy after the expense and turmoil of trial if she only recovers minimal compensation. To avoid this result, the following is a list of cases we handle and cases that we cannot handle. Neither list is exhaustive but should give you a good idea.

Malpractice Cases we Handle

Birth Injury cases covers a very wide gamut such as Cerebral Palsy, Erb’s Palsy, wrongful death, paralysis, shoulder dystocia, hypoxia and the like. The list of traumas and disabilities caused by negligent care is long so if your family is affected by a Birth Injury case, contact us right away for a free review of your case by our lawyer-doctors. Additionally, in most states the statute of limitations is considerably longer than regular malpractice.

Wrongful death cases are always difficult to handle because of the extreme emotional drain involved with the needless loss of a loved one. Matters are made exponentially worse where there is a spouse and children that rely on the decedent for financial support. In some states the statute of limitations is unusually short so it’s important to contact counsel as reasonably quickly as possible.

Failure to diagnose cases, such as a failure to diagnose cancer, are tricky cases to handle so we have to review on a case by case basis. There has to be a significant damage that results from the doctor’s failure to diagnose the condition. Also, the doctor’s failure to diagnose must result in an injury or damage which could have otherwise been avoided. Contact us for a review

Negligent surgery covers a lot of situations; from operating on the wrong body part, to cutting something that should not have been cut to failure to identify a situation the doctor caused and failure to repair. Many times procedures have a known complication associated with them, but the key is, did they doctor identify the complication and promptly fix it. If you suffered a significant damage from a doctor’s negligent surgery or failure to identify a condition, contact us for a review. You must act within your state’s statute of limitations

It is miraculous how many times a pharmacy fills the wrong prescription for it’s patients. You need to exercise caution regarding your prescriptions- compare the pill provided to what you normally take.

Having said that, the mere fact that the pharmacy gave you the wrong prescription, or mislabeled a bottle will not lead to a malpractice case that we can handle. There has to be a serious injury or worse, that results from the pharmacy mistake. So if you were given the wrong medication, took the medication and experienced a permanent injury as a result of the medication, then you may have case against the pharmacy or doctor that gave you the medication, if nothing serious or permanent happened, then there is nothing we can help you with. There is a statute of limitations in each state to bear in mind.

Of all the malpractice cases, Nursing Home Abuse is among the worst. Most malpractice cases are based in negligence but nursing home neglect and abuse are intentional matters inflicted upon our most vulnerable members of society. If a loved one suffered a significant injury as a result of nursing home abuse, contact us right away. There is a statute of limitations which must be adhered to.

There are too many forms of medical negligence to name, but if a medical provider did something or failed to do something which has resulted in a serious permanent injury or death to a family member, contact us for a free review of the matter. Be aware that all matters of medical malpractice have a statute of limitations of typically 2-3 years. Some particular matters may be more or less depending upon the individual matter. Contact qualified legal counsel as soon as you are aware of possible malpractice.

Malpractice cases we do not handle.

The statute of limitations in almost all states runs between 2-3 years for most medical malpractice cases. A baby injury case (Cerebral Palsy, birth disability, etc.) typically will have a longer statute of limitations because it involves injuries to a baby which may not be evident that fast. For adults however, if your case is over 3 years from the date of the malpractice event, we typically cannot help. There are isolated circumstances, such as if the malpractice was hidden from you or not noticeable, where a statute of limitations may be longer so seeking the advice of another lawyer may be beneficial.

We do not handle dental malpractice cases. We find that the cost associated with bringing such a case basically outweighs the case itself. Meaning even if we had a successful result, the expenses involved to bring the case typically come close to absorbing any compensation involved and thus the client is unhappy.

Mental health covers a wide variety of cases, psychiatric care, failure to diagnose mental condition, failure to prescribe correct medication, medicating too long etc. We cannot handle any of these matters because the cost of the litigation will out way any recovery. However, that is not to say that you may not have a case- you should seek alternative qualified counsel for an opinion.

While a doctor can commit malpractice in orthopedic surgery, the injuries and damages to the patient, although permanent in nature, rarely outweigh the cost to bring such litigation. Meaning if your back was fused together badly, if a screw broke or another surgery becomes necessary to fix a situation, we cannot represent such a case. There are other lawyers who may be able to assist.

If there is an injury that goes beyond the surgery, for example wrongful death, paralysis, brain injury or loss of use of a limb from negligent anesthesia then contact us for a free case review.

If there is an injury that goes beyond the plastic surgery, for example wrongful death, paralysis, brain injury or loss of use of a limb from negligent anesthesia then contact us for a free case review.

We are contacted routinely by folks that experienced a degree of malpractice. In order for Gershon Willoughby and Getz to handle a medical malpractice case, there must be a serious permanent injury that resulted from the negligent care. Many times medical providers do something that indeed is malpractice, for example prescribe the wrong medication which gets filled at the pharmacy. But thankfully, if there is no injury or damage that flows from that mistake because maybe the medication was never ingested, or even if it was ingested, nothing terrible happened, then there is no case that our Firm can assist with. Even something more serious, if a surgeon leaves a clip in the body during surgery and has to go back in to get it- thankfully this is not a serious permanent injury and therefore not a case we can handle.

Many times people will contact us and say “I’m not sure I have a case.” We typically respond that if you are not sure if you have a case then you probably do not have a case that we can assist with. In order words, if you have a very serious injury, disability or death resulting from negligent medical care, you know you have a case and you should contact us a soon as possible!